Drug Crime Attorney in Fort Worth
Fort Worth Drug Charges? Call a Certified Specialist Today
The state of Texas takes drug crimes very seriously. Because of this, you should also take drug charges very seriously while finding an attorney. Drug possession can result in jail time, while aggravated drug charges can lead to a significant prison sentence.
Having an experienced drug crime lawyer in Fort Worth from Burns & Davis defending your charges can significantly reduce your sentence, possibly even obtaining probation or rehabilitation rather than jail time. The severity of your sentencing following an arrest on drug charges will depend on:
- The type of drugs you are caught with
- Whether the police can prove "intent to deliver," based on large amounts of cash in your possession, how the drug is stored, large quantities of the drug, along with prior offenses or past convictions
- The quantity of the drug found on your person, in your vehicle, or at your home
- Whether a minor was present where the alleged offense took place
To minimize a potentially adverse outcome following drug charges in Fort Worth, it is important to take your right to remain silent seriously. Police officers may imply that if you simply "tell the truth," you will be allowed to go home. This is virtually never true. If you've been arrested, it is almost certain you will be prosecuted, so think damage control.
Don't answer questions—call an experienced Burns & Davis drug attorney in Fort Worth as quickly as possible, and do your best to remember the details of your arrest. Your attorney may be able to have your charges lowered or dismissed if the police made mistakes during or after your arrest.
Our drug crime attorney in Fort Worth is a Certified Criminal Law Specialist, ready to fight for you. We offer free consultations and bilingual legal services in Spanish. Call (817) 873-1883 now or contact us online—your defense starts here.
Types of Drug Charges and Their Penalties in Texas
The type of drug offense dictates the range of penalties you face. Texas law differentiates between possession, delivery/manufacture, and more complex crimes.
- Possession of a Controlled Substance: This is the most common drug charge. It means having illegal drugs in your actual or constructive control, with knowledge of the substance's presence and its illegal nature. Penalties depend heavily on the Penalty Group and the amount.
- Possession of Marijuana: While some states have legalized marijuana, Texas still considers it illegal. The penalties for marijuana possession depend on the weight.
- Possession with Intent to Distribute: Different from simple possession, this charge implies you intended to sell or share the drugs.
- Manufacturing or Delivery of a Controlled Substance: These charges involve producing, preparing, packaging, or delivering (selling or giving away) illegal drugs. Penalties are significantly more severe than simple possession, often escalating rapidly based on quantity and Penalty Group.
- Drug Trafficking: Trafficking involves transporting, importing, or distributing large quantities of drugs. It’s often prosecuted at both the state and federal levels.
- Prescription Fraud or Forged Prescriptions: This includes obtaining controlled substances through deception or forged prescriptions.
Schedules of Controlled Substances in Texas
The type of drugs you are caught with will have an impact on your charges and sentencing. Texas divides controlled substances into four "schedules" as follows:
- A Schedule I Drug is a drug that is considered to have a high risk of abuse, along with no accepted medical use in the U.S. Examples of a Schedule I drug include crack cocaine, heroin, PCP, LSD, and marijuana.
- A Schedule II Drug is also believed to have a high risk of abuse; however, it may also have certain accepted medical uses in the U.S. Schedule II drugs may lead to physical or psychological dependence. Some of the drugs under the Schedule II umbrella include morphine, cocaine, oxycodone, fentanyl, Ritalin, and Dexedrine.
- Schedules III, IV, and V Drugs are believed to have less risk of abuse than Schedule II and have accepted medical uses in the U.S. Schedule III drugs can include ketamine, testosterone, and anabolic steroids. Schedule IV drugs can include Xanax, Ambien, Valium, and Ativan. Schedule V drugs can include cough suppressants.
Understanding the specific schedule your charges fall under can affect the legal approach taken by our drug crime lawyer in Fort Worth. We tailor our defense strategies based on the categorization, leveraging our knowledge of the law to challenge the prosecution's case and negotiate terms that favor your circumstances.
Penalties for Drug Charges in Texas According to Penalty "Groups"
Understanding the penalties associated with each drug group is crucial for an informed defense strategy. Beyond courtroom defense, we explore alternatives like drug diversion programs, which may apply depending on your specific circumstances.
Penalty Group 1 (Highly Dangerous & Addictive)
- Substances include: Cocaine, heroin, and other extremely dangerous and addictive drugs.
- Less than 1 gram: State jail felony; 6 months to 2 years in state jail and fines up to $10,000.
- 1 to 4 grams: Third-degree felony; 2 to 10 years in prison.
- 4 to 200 grams: Second-degree felony; 2 to 20 years in prison.
- 200 to 400 grams: First-degree felony; 5 to 99 years in prison.
- Over 400 grams: Enhanced felony I; 10 to 99 years in prison and fines up to $300,000.
Our Commitment to You
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Relentless RepresentationWhether in or out of the courtroom, we fight passionately to protect your rights and achieve the best possible outcome for your future.
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Hablamos EspañolWe provide exceptional legal services in both English and Spanish, ensuring every client feels heard and understood. Your case is our priority.
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Proven Legal ExpertiseWith years of experience and a track record of success, we deliver strategic, results-driven solutions for even the most complex legal matters.
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Client-Centered AdvocacyAt Burns & Davis, we prioritize your needs, ensuring every case is handled with personalized attention and unwavering dedication.
Stories of Success
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"Incredibly Knowledgable"
Mr. Davis is incredibly knowledgeable, truly prioritizes his clients, and provides outstanding representation. Highly recommend him for family law matters!
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"Grateful for a Dismissed Case"
Blake Burns stood by me every step of the way and got my case dismissed! Truly a dedicated attorney. Highly recommend for exceptional legal support!
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"Life-Saving Legal Team"
These attorneys go above and beyond! Their dedication and expertise are unmatched. If you need help, they’ll work tirelessly for you. Thank you for everything!
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"Case Dismissed with Exceptional Representation"
Davis and his team deliver results! Case dismissed on 2nd appearance, professional service, and affordable pricing. Highly recommended for defense needs!
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Key Drug Crime Defense Strategies in Texas
A successful defense against drug crime charges often hinges on meticulously scrutinizing the prosecution's evidence and identifying violations of your constitutional rights. At Burns & Davis, a Fort Worth drug crime lawyer is prepared to explore every viable defense avenue.
- Unlawful Search and Seizure (Fourth Amendment Violations): Challenge the legality of traffic stops, warrantless searches, or coerced consent; seek suppression of evidence obtained in violation of your rights.
- Lack of Knowledge or Possession: Argue you were unaware of the drugs' presence or did not have exclusive control, especially if found in shared spaces (mere presence).
- Drugs Belong to Someone Else: Contend that the controlled substances found were actually owned and controlled by another individual.
- Challenging the Evidence Itself:
- Chain of Custody: Scrutinize the handling of drugs from seizure to testing for breaks or contamination.
- Lab Analysis Errors: Challenge chemical analysis, technician qualifications, or argue the substance isn't illegal.
- Missing Evidence: Highlight if the drugs themselves are missing, weakening the prosecution's case.
- Entrapment: Argue law enforcement induced you to commit a crime you weren't predisposed to through coercion or persuasion.
- Valid Prescription Defense: Present proof of a valid prescription for the controlled substance.
- Police Misconduct: Expose coerced confessions, falsified reports, planting evidence, or excessive force by law enforcement.
- Sufficiency of Evidence: Argue that the prosecution lacks sufficient evidence to prove every element of the crime beyond a reasonable doubt, seeking dismissal or acquittal.
A Fort Worth drug crime lawyer at Burns & Davis will meticulously investigate the facts surrounding your arrest to identify the most potent defense strategies for your specific situation.
How a Drug Crime Attorney in Fort Worth Can Help
A drug crime attorney in Fort Worth from Burns & Davis will provide the dedicated defense strategy you need and deserve. We have a solid record of more than a decade of favorable results for our clients. We are passionate about achieving justice for each client, bringing a legacy of excellence to the table. At Burns & Davis, we understand that being charged with a drug crime is a stressful, anxiety-inducing experience. We believe you should be able to feel confident that your attorney is doing absolutely everything within their power to achieve a positive outcome.
Remember—your goals are our goals, and we want to solve your problems without complicating them. Contact Burns & Davis, PLLC today by calling (817) 873-1883.
Your Questions, Answered Explore Our FAQ
Still have questions or can't find the answer you need? Give us a call at 817-873-1883 today!
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Can I get the property that was taken by the police back?These takings are often remedied by a process known as forfeitures. If your property was taken call us we can file a forfeiture defense and possibly get your money and property back. You will want to act quickly as a default judgment could result in a total loss of the property.
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Will I lose my license after being convicted of a drug-related offense?All drug convictions result in a license suspension. The attorneys at Burns & Davis know how to avoid a license suspension through years of experience. If you are currently suffering a suspension, we know how to get your license back.
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Do I need to hire a lawyer for a simple drug possession case?Even a “simple” drug possession charge has the potential to be not very simple at all. You could potentially spend time in jail and pay extremely large fines, even for a simple possession case. This could result in the loss of your employment—or difficulty obtaining employment in the future. You should always speak to an experienced Fort Worth drug crime attorney from Burns & Davis to ensure the best possible outcome for your drug charges.